Sections in this guide (click title to view)

1. What is the Scheme?

The Scheme deals with applications for compensation payments to people who, as children, were abused or feared abuse at a Lambeth Children’s Home and/or Shirley Oaks Primary School.

When will the Scheme be open for Applications?

The Scheme will be open to applications from 2 January 2018 until 1 January 2020.

What were the names of the Lambeth's Children's Homes?

The list of the Lambeth's Children's Homes is avliable as a downloadble document.

Which homes that were run by Lambeth's predecessor authority does the Scheme apply to?

Only those homes that were previously run by the London County Council (LCC) and which subsequently transferred to the London Borough of Lambeth in April 1965 are covered by the Scheme. These homes are included on the list of Lambeth Children’s Homes. Those homes that were run by the LCC and which transferred to another London borough after April 1965 are not covered by the Scheme.

How was the scheme developed?

The present council has been clear in taking responsibility for a historic failure to protect children in council care from the 1930s until the 1980s and 1990s. The Lambeth Children’s Homes Redress Scheme is the first of its kind in the country. The scheme was developed in consultation with survivor’s representatives and their legal advisors.

How many people do you expect to apply?

It is estimated that the possible number of applications under the scheme could reach 3,000. The predicted number of applicants is based on an independent actuarial assessment.

Are abuse survivors applying to the Lambeth Children’s Homes Redress Scheme?

Since the scheme opened in January 2, 2018 there have been more than 700 applications for compensation made, as of August.

Have there been changes to the scheme since that time?

The scheme in operation is as adopted by Lambeth Council at a public meeting on December 18, 2017. For full details visit moderngov.lambeth.gov.uk/ieDecisionDetails

What monetary compensation is available under the Scheme?

There are two types of payment available:-

  1. Harm’s Way Payment

    This is a payment made for Applicants who were resident at a Lambeth Children’s Home and feared that they would be physically and/or sexually abused, and/or who were neglected and/or suffered cruelty whilst resident at a Lambeth Children’s Home where specified criteria is met.

  2. Individual Redress Payment

    This is a payment made for Applicants who suffered sexual abuse and/or physical abuse and/or psychological injury at a Lambeth Children’s Home and/or Shirley Oaks Primary School where specified criteria is met.

2. Can I apply for compensation?

What is the criteria to receive a Harm’s Way Payment?

You can apply for a Harm’s Way Payment if you can answer yes to both of the following questions:- *Did you live in a Lambeth Children’s Home and fear that you would be physically and/or sexually abused; and/or were neglected and/or suffered cruelty? *Did your experience have a negative impact on your childhood?

What is the criteria to receive an Individual Redress Payment?

You can apply for an Individual Redress Payment if you can answer yes to both of the following questions:- *Did you live in or visit a Lambeth Children’s Home or attend Shirley Oaks Primary School as a child and suffer sexual abuse and/or physical abuse there? *Was the abuse committed by a member of staff at the Lambeth Children’s Home and/or Shirley Oaks Primary School?

Can I apply for both a Harm’s Way Payment and an Individual Redress Payment?

Yes, you can apply for both payments if the criteria is met.

Will I receive the Harm’s Way Payment in addition to the Individual Redress Payment?

No. The Harm’s Way Payment will be included in your overall compensation payment.

3. How do I apply for compensation?

How do I apply?

You need to complete an Application Form, providing as much information as possible to help us process your claim. You can obtain an application form by:-

Calling us on 020 7926 6980

redress@lambeth.gov.uk

Writing to us at Lambeth Redress Scheme, PO Box 747, Winchester, SO23 5DP
Or visiting our offices or Libraries

What information do I need to provide when I make my Application?

You need to provide as much information as possible to help us deal with your application. You will need to provide your details and the details of the Lambeth Children’s Home or Homes where you were resident. You should provide as much detail as you are able in relation to the abuse that occurred together with the names of any alleged abusers, as far as you can remember.

Can I make my own Application or do I need to be represented?

You can deal with your application on your own if you wish or you can ask a friend, a relative and/or support group to help you. Alternatively, you can instruct a solicitor to make the application on your behalf.

How can I find a solicitor?

We cannot recommend a particular solicitor but the following organisations may be able to signpost you:

Will I need to pay anything to my solicitor?

You will need to discuss funding options with your solicitor. Most solicitors handle these cases on a no win no fee basis and as such there should be little or nothing to pay up front.

Will you pay my legal costs?

We will pay fixed legal costs direct to your solicitor if a Harm’s Way Payment is made. If an Individual Redress Payment is made, your reasonable legal costs and expenses will be paid by us directly to your solicitor. Any dispute in relation to costs will be considered by the Independent Appeal Panel (see below).

Will you deduct any legal costs from my compensation?

No, we will not deduct any legal costs and expenses from either your Individual Redress Payment or your Harm’s Way Payment. You will need to discuss with your solicitor if they plan to make any deduction from your compensation. It is our hope that the unique nature of the Scheme and limited risk on the part of the solicitor when a claim is accepted into the Scheme will mean that there will be few situations when any deduction from the damages is made.

What happens if my legal costs exceed the amount which you will pay?

You need to agree with your own solicitor what will happen if your legal costs go over the amount that we are prepared to pay and whether you will need to pay anything directly to your solicitor.

The abuse happened a long time ago, am I too late to bring my claim?

No, we will not say that your claim has been brought too late whilst it is being dealt with in the Scheme.

Where do I submit my Application Form?

You can submit your Application Form to Lambeth Redress Team, PO Box No. 747, Winchester, SO23 5DP or email it to redress@lambeth.gov.uk

Do applicants to the scheme need to request thier care records before they can submit their application?

No. For a Harms Way Payment this record is not required. For an Individual Redress Payment the council may need to review these records. However there is no onus on the applicant to request this in advance of the application.

4. Dealing with my application

Will my Application be acknowledged?

Yes, we will acknowledge your Application within 10 working days of receipt.

Who will deal with my Application?

Your Application will be dealt with by the Redress Team. If you are also applying for an Individual Redress Payment your application will also be dealt with by our Scheme solicitors, Kennedys LLP.

How will my application be dealt with?

Once your application has been received we will try to confirm your time and placement at a Lambeth Children’s Home and/or Shirley Oaks Primary School. If we are unable to confirm your placement we may need to contact you for further information or documentation.

How can I contact the Redress Team?

You can email us on redress@lambeth.gov.uk or telephone on 020 7926 6980.

What forms of redress are available under the Scheme?

  • Compensation by way of a Harm’s Way / Individual Redress payment
  • A written apology (if requested).
  • A meeting with a Senior Representative of the Council (if requested).
  • Access to counselling service (if requested)
  • Access to specialist advice and help for things like housing, welfare benefits, education and employment (if requested).

What type of abuse do I need to have suffered to bring a claim?

You do not need to have suffered abuse to apply for a Harm’s Way Payment. To make an application for an Individual Redress Payment you need to establish that you have suffered physical, psychiatric or sexual abuse.

How can former children's home residents speal to council representatives?

A meeting with a senior representative of Lambeth council is available to all recipients of Redress Scheme compensation so they can be both acknowledged and heard.

5. Award assessment

How will you calculate my Harm’s Way Payment?

This is a stepped payment up to a maximum of £10,000 based on the length of time you lived at a Lambeth Children’s Home as follows:-

  • More than 6 months - £10,000;
  • 3-6 months - £5,000;
  • More than 1 week and up to 3 months - £2,500;
  • Less than 1 week - £1,000.

Will I need to provide evidence to support my Application for a Harm’s Way Payment?

Applicants seeking a Harm’s Way Payment will need to provide written evidence to support their Application.

I was based in a Specialist Unit, what Harm’s Way Payment will I receive?

Applicants who were resident in a Specialist Unit as a child will receive a payment of £10,000 which is not dependent on how long they lived in the Unit. Applicants who lived in a Specialist Unit will not need to provide written evidence to support their Application for a Harm’s Way Payment.

How long will it take to receive my offer of a Harms Way Payment?

We will aim to review your application and make an offer within 30 working days of acknowledging your application.

How do you calculate the Individual Redress Payment?

The Individual Redress Payment is calculated using a tariff. Consideration is given as to the severity of the abuse and the harm it caused you.

Will I need to be medically assessed to receive a Harm’s Way or Individual Redress Payment?

You will not need to be medically assessed to receive a Harm’s Way Payment. In some cases when applying for an Individual Redress Payment you will need to be assessed by a medical expert.

Which medical expert will assess me and do I have a choice?

A psychiatric expert from a list of independent medical experts will assess you. You will be invited to provide details as to any reasons why you require assessment by a specific expert, for example, it may be that you need to be assessed by a female doctor. We will try to accommodate you.

Will you pay my expenses in attending the medical assessment?

Yes, we will pay your reasonable costs and expenses to include attending the medical assessment.

Will you pay medical expenses?

Any reasonable expenses for medical or psychiatric treatment, recommended by the medical expert, will be considered.

When will I receive the medical report?

The medical expert will send the medical report to you and the Redress Team at the same time. It is envisaged that reports will be prepared within 12 weeks of assessment.

What happens if I do not agree with the contents of the medical report?

The medical expert is independent and does not support either party. You will be able to raise questions of the medical expert in order to understand and query his opinion.

What happens if I do not want to be medically assessed?

If medical evidence is required your claim will not be able to proceed under the Scheme without a medical assessment. There may be circumstances where your claim can be dealt with without medical evidence and this will be considered on a case by case basis.

When will I receive an offer for my Individual Redress Payment?

Where a medical assessment is necessary the expert will be instructed within 30 working days of us acknowledging your application. An offer will be made to you within 30 working day of receipt of the medical report.

Will a compensation award affect my benefits?

It might. This depends on the type of benefits that you are claiming and also your existing capital and income. There are steps you can take to protect your benefits should you receive compensation.

If you are receiving benefits that are means tested such as Universal Credit, Income-based Jobseeker’s Allowance or Working/Child Tax Credit, receiving a lump sum and putting it into your bank account will then count as capital and may reduce your entitlement to benefits.

Currently, for most means tested benefits, if you possess a sum greater than £6,000 in capital, your benefits will begin to be affected. In order to protect both your compensation and your benefits, you may be able to take steps such as placing the compensation in a trust fund. Trust law is, however, complex and you may need to seek professional advice.

Non means tested entitlements such as Disability Living Allowance, Personal Independence Payment (PIP) and Attendance Allowance would not be affected.

6. Independent Appeal Panel

What happens if I am not happy with the offer made for my Harm’s Way Payment/Individual Redress Payment?

If there is a dispute the Independent Appeal Panel (see below) will consider your application and provide a decision.

Can I make an offer to you?

You are able to put forward your own offer to us at any time if you are making a claim for an Individual Redress Payment.

What is the Independent Appeal Panel?

The Independent Appeal Panel is chaired by a retired Judge who is a permanent member of the panel, and supported by two other panel members drawn from a group of independent experts including ex social workers, psychologists, guardians, ex looked after children and barristers. The full panel of 3 members will adjudicate on matters when disputes arise under the scheme with the exception of adjudication on matters relating to an applicant’s eligibility to be accepted into the scheme where only 1 panel member, the retired judge, will adjudicate.

How do I refer my claim to the Independent Appeal Panel?

When a stage is reached in the application process where we have been unable to reach agreement with you we will provide you with details of how you can refer your claim.

Can I provide additional information to the Independent Appeal Panel?

If the Independent Appeal Panel requires further information or documentation this will be requested by the panel.

Will I need to give evidence to the Independent Appeal Panel?

You may be asked for extra written information in order that the Independent Appeal Panel can reach a fair decision. We may also be asked for additional written information.

Can the Independent Appeal Panel reduce my offer of compensation?

The Independent Appeal Panel can increase or reduce your previous offer of compensation. The decision of the Independent Appeal Panel is final, regardless of any previous offers made. You cannot therefore accept an earlier offer should the Independent Appeal Panel make a reduced offer.

How long does it take to receive a decision from the Independent Appeal Panel?

If further information/documentation is not required the Panel will review your application within 30 working days of receipt and provide a decision. In some cases the Independent Appeal Panel may require further information from us/you or the medical expert which may take longer.

How were members of the appeal panel appointed?

The Chair of the panel, a retired judge, was selected by identifying potential retired judges that were of the Queen’s Bench Division, had relevant experience and that were interested in chairing the Independent Appeal Panel and had the time commitment to undertake this role. Six potential judges were identified and shortlisted after further evaluation. As part of the selection process for the barristers we approached four sets of well-respected chambers whose barristers are instructed by both claimants and defendants in claims arising out of historic physical and sexual abuse of children. The senior clerk from each set of chambers was asked to nominate a number of counsel from their respective chambers whom they felt met the criteria for sitting on the panel. Following evaluation a pool of seven barristers was selected. The independent experts were selected by looking at experts that had previously sat on fostering panels for the Children and Family Court Advisory and Support Service. Potential experts were evaluated based upon their experience and knowledge and their availability to undertake this role. A pool of five independent experts was selected.

Who are the panel members?

The panel members are:

Panel Chair:

  • Sir John Goldring

Barristers:

  • Patricia Leonard – 7 Bedford Row
  • Richard Mumford – 1 Crown Office Row
  • Matthew Boyle – Crown Office Chambers
  • Craig Carr – 7 Bedford Row
  • Saleem Khalid – 1 Chancery Lane
  • Laura Johnson – 1 Chancery Lane
  • Farah Mauladad – Crown Office Chambers

Independent experts:

  • Julie Brown, Qualified social worker
  • Sean Dirrane, Former Looked after child
  • Miranda Fisher, Qualified Social Worker and Practice Educator
  • Inder K Hunjan MBE, independent consultant higher education sector/Local authority
  • Maria Townsend, educational background and psychologist

How are you ensuring the independence of the appeal panel?

The panel members act in isolation from the council under the direction of the chair who is a retired Queens Bench judge. All appeals will go directly to the appeals panel from the applicants. Although the council has appointed the individual panel members and will be responsible for payment of their fees, the council has no influence or control over the panel’s determination of appeals.

7. Further Information

Will you give me an apology?

A written apology is available if requested.

Can I have a meeting with a member of the Council as part of my redress?

You are entitled to a meeting with a senior representative of the Council under the Scheme if requested.

Is any additional support available to me under the Scheme?

Yes, we have set up a free specialist and dedicated confidential advice and assistance service which is open to all Applicants free of charge. In addition we will provide advice services to Eligible Applicants to assist with access to services like housing, welfare benefits, education and employment.

Will a compensation award affect my benefits?

It might. This depends on the type of benefits that you are claiming and also your existing capital and income. There are steps you can take to protect your benefits should you receive compensation.

If you are receiving benefits that are means tested such as Universal Credit, Income-based Jobseeker’s Allowance or Working/Child Tax Credit, receiving a lump sum and putting it into your bank account will then count as capital and may reduce your entitlement to benefits.

Currently, for most means tested benefits, if you possess a sum greater than £6,000 in capital, your benefits will begin to be affected. In order to protect both your compensation and your benefits, you may be able to take steps such as placing the compensation in a trust fund. Trust law is, however, complex and you may need to seek professional advice.

Non means tested entitlements such as Disability Living Allowance, Personal Independence Payment (PIP) and Attendance Allowance would not be affected.

Can I apply if I was abused in foster care?

The Scheme is intended to provide redress to survivors of abuse in Lambeth Children’s Homes. The Scheme will also seek to provide redress for Applicants who were placed in foster care directly from a Lambeth Children’s Home.

Can I apply if I was a visitor to a Lambeth Children’s Home?

We will look at your claim outside of the Scheme in the first instance and if it is accepted that the Council were at fault you will be invited to transfer your claim to the Scheme.

Can I apply if I was abused by another child?

We will look at your claim outside of the Scheme in the first instance and if it is accepted that the Council were at fault you will be invited to transfer your claim to the Scheme.

Can an Application be made on behalf of someone who is deceased?

Yes, if an Eligible Applicant is deceased an application can be made for an Individual Redress Payment but not for a Harm’s Way Payment.
If an application has been submitted for a Harm’s Way Payment and the Applicant subsequently dies, can the Personal Representative continue with his claim? Yes the application will continue to be processed if received prior to the date of the Applicant’s death.

What information do I need to provide to make an application on behalf of a deceased Applicant?

The Personal Representative must provide a copy of the Death Certificate, a copy of the Grant of Probate and proof of identity.

What happens if I have already received compensation?

If you have received compensation for the same injury by the same perpetrator from either the perpetrator or us, then the compensation previously received will be treated as an interim payment. If you have previously received compensation from the Criminal Injuries Compensation Authority (CICA) you are required to repay those monies directly to the CICA.

What happens if I have already started my claim outside of the Scheme, can I transfer it to the Scheme?

You can transfer your claim to the Scheme if it satisfies the criteria. If your claim has already been issued through the Courts a joint Application will be made to stay the civil action.

Do I have to bring my claim through the Scheme or can I issue a claim through the Court?

You do not have to bring your claim through the Scheme, you can issue your claim through the Courts in the traditional way.

Is there a miximum claim?

Yes. The maximum claim is £125,000. More complex claims that exceed this amount will be considered outside of the scheme.

Can an Applicant who lacks capacity bring a claim under the Scheme?

Yes, any Applicant who lacks capacity must be represented by a legal representative or a litigation friend. Any redress payment will require Court approval.

Can I change my mind and stop my Application?

You can change your mind and discontinue your application at any time prior to formally accepting an offer of redress by notifying the Redress Team in writing.

If I discontinue my claim after I have received a Harm’s Way Payment will I have to pay it back to you?

You will not be required to repay the Harm’s Way Payment. However, if you pursue a further claim for compensation against us for the same abuse as that claimed for under the Scheme, the previous Harm’s Way Payment will be treated as an interim payment.

How long do I have to apply?

All Application Forms must be submitted by 1 January 2020 at 5pm.

If my Application was submitted prior to 1 January 2020 but is not concluded what happens?

Your Application will continue to be dealt with under the Scheme, 1 January 2020 is the closing date for new applications.

How will my information and personal data be used following submission of my Application?

All information and personal data you provide will be treated confidentially and will only be used for the purpose of your Application in the following ways: * To make insurance claim decisions * For fraud prevention * To comply with our statutory obligations in relation to disclosure of claim payment information to the Department of Work and Pensions * For audit and statistical analysis. We will not disclose any information provided by you to any organisation except as set out above to help prevent fraud, or if required to do so by law or if there is a child protection concern or someone is at risk of serious harm.

Can I make an application if I have a criminal record?

Yes you can still make an application as having a criminal record has no impact on the application or decision making process.

What work has been done to ensure the scheme treats everyone equally?

An Equalities Impact Assessment (EIA) has been carried out. This was published in December 2017 and is available for review on the council’s website. Equalities issues will be reviewed after the scheme has been operating for six months, when a complete review of the scheme will be carried out - Equalities Impact Assessment

How much has been paid out?

A six monthly reports will be made to Lambeth council’s Cabinet. Details of the Harm's Way and Individual Redress Payments will be contained in the reports. The Cabinet report will be published online and its content will discussed at the council meeting.

How have you let people know about the scheme?

The scheme was developed in consultation with the Shirley Oaks Survivors Association who have communicated the details of the scheme to their members. We have also advertised the scheme in the local, regional and national press. We are examining further advertising options including specialist titles to communicate with hard to reach audiences. The council is keen to make as many people as possible aware of the scheme, and is willing to take further suggestions on how that can be achieved.

Is the scheme sufficiently funded?

The council has secured a capitalisation direction from the Government – which gives the council permission to borrow the £100million needed fund the scheme.

How can I apply for my care records?

Although it is not necessary for applicants to request their files before making an application, individuals are able to make what is called a Subject Access Request. This is a formal and legal process for sharing people’s personal files with them.

Which homes that were run by Lambeth's predecessor authority does the Scheme apply to?

Only those homes that were previously run by the London County Council (LCC) and which subsequently transferred to the London Borough of Lambeth in April 1965 are covered by the Scheme. These homes are included on the list of Lambeth Children’s Homes. Those homes that were run by the LCC and which transferred to another London borough after April 1965 are not covered by the Scheme.

Why have you launched this scheme when the Independent Inquiry into Child Sexual Abuse will look at Lambeth?

The council is acting now to put the scheme into place due to the length of time that survivors have already waited, and due to delays in the national hearings into these issues.

Are the police still investigating?

In 2012 Operation Yewtree, the investigation into the abuse of children, found widespread child abuse in many UK public institutions. Since then there have been a number of fresh prosecutions in relation to offences committed in Lambeth. We are continuing to support police enquiries. You can report historic child sexual abuse directly to Operation Winter Key if you wish. Historic child sexual abuse that is reported to have taken place within Lambeth care homes forms a strand of the Independent Inquiry into Historical Child Sexual Abuse. Operation Winter Key is the Metropolitan Police’s investigative team that deals with these allegations and similar matters.

If you wish to report these matters to police, you can use any of the following methods to leave brief details of what has happened to you along with a method for police to contact you:

• Telephone on: 020 8217 6582 • Email to: OperationWinterKeymailbox@met.pnn.police.uk • Letter to: Operation Winter Key, 1 Cam Road, Stratford, E15 2SY

An investigator from Operation Winter Key will then contact you to discuss the details and your wishes and to ensure that you are fully supported.

8. List of support and crisis helplines

Organisation Website Email Telephone No. Hours
Childline childline.org.uk help@nspcc.org.uk 0800 1111 24 hour Freephone
NAPAC napac.org.uk - 0808 801 0331 Mon-Thurs 10am till 9pm, Friday 10am till 6pm
Rape & Sexual Abuse Support Centre South London rasasc.org.uk - 0808 802 9999 Daily 12pm till 2.30pm, 7pm till 9.30pm
Rape Crisis (England and Wales) rapecrisis.org.uk info@rapecrisis.org.uk 0808 802 9999 Daily 12pm till 2:30pm, 7pm till 9:30pm
Samaritans samaritans.org jo@samaritans.org 08457 909090 24 hour Freephone
Shirley Oaks Survivors Association shirleyoakssurvivorsassociation.co.uk shirleyoakssurvivors@gmail.com 020 7701 9950
Stop It Now stopitnow.org.uk help@stopitnow.org.uk 0808 1000 900 Mon-Thurs 9am till 9pm, Fri 9am till 5pm
The Survivors Trust thesurvivorstrust.org info@thesurvivorstrust.org 01788 550 554 Mon-Thurs 10am till 9pm, Fri 10 till 6pm
Survivors UK survivorsuk.org help@survivorsuk.org 020 3598 3898 Mon-Fri 10.30am till 9pm, Sat & Sun 10am till 6pm
Victims Support victimsupport.org.uk - 08 08 16 89 111 Mon-Fri 8pm till 8am, Sat and Sun 24hr

10. Contact us

Get in touch

For further information or questions, please email us at redress@lambeth.gov.uk

Sending your completed forms by email or by post

Scan and email your completed forms to redress@lambeth.gov.uk (please add redress application form to the subject line)

Strictly Private and Confidential
Lambeth Redress Team
PO Box 747
Winchester
SO23 5DP